Higher Education Act Fraud Alert by wuxiangyu

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									                               Higher Education Act Fraud Alert
                                           Updated July 22, 2011

Recent evidence suggests widespread disregard for Congressional oversight of the integrity of student aid
programs, putting students and taxpayers at risk. In a time of tight budgets, safeguarding the integrity of
student aid funds should be the top priority for Congress and the Administration to ensure the most
efficient and effective use of taxpayer funds for student aid.

Government Accountability Office Reports

       DOD Education Benefits: Increased Oversight of Tuition Assistance Program is Needed. GAO-11-300,
        March 1, 2011.

       Stronger Federal Oversight Needed to Enforce Ban on Incentive Payments to School Recruiters. GAO-11-
        10, October 7, 2010.

       For-Profit Colleges: Undercover Testing Finds Colleges Encouraged Fraud and Engaged in Deceptive and
        Questionable Marketing Practices. GAO-10-948T, August 4, 2010.

       Higher Education: Information on Incentive Compensation Violations Substantiated by the U.S.
        Department of Education. GAO-10-370R, February 23, 2010.

       Proprietary Schools: Stronger Department of Education Oversight Needed to Help Ensure Only Eligible
        Students Receive Federal Student Aid. GAO-09-600, October 14, 2009.

Congressional Investigations

       Drowning in Debt: Financial Outcomes of Students at For-Profit Colleges. Hearing of the Senate
        Committee on Health, Education, Labor, and Pensions. June 7, 2011.

       Bridgepoint Education, Inc.: A Case study in For-Profit Education and Oversight. Hearing of the Senate
        Committee on Health, Education, Labor, and Pensions. March 10, 2011.

       Preventing Abuse of the Military‟s Tuition Assistance Program. Hearing of the Senate Subcommittee on
        Federal Financial Management, Government Information, Federal Services, and International Security.
        March 2, 2011.

       Statement on the Senate Floor by Senator Tom Harkin (D-IA) On Recruiting Practices of For-Profit
        Education Companies, and accompanying documents. February 8, 2011.

       Benefitting Whom? For-Profit Education Companies and the Growth of Military Educational Benefits.
        Senator Tom Harkin (D-IA). December 8, 2010.

NACAC Higher Education Act Fraud Alert                                                                 Page 1
       The Federal Investment in For-Profit Education: Are Students Succeeding? Hearing of the Senate
        Committee on Health, Education, Labor, and Pensions. September 30, 2010.

       The Return on the Federal Investment in For-Profit Education: Debt Without a Diploma. Senator Tom
        Harkin (D-IA). September 20, 1010.

       For-Profit Schools: The Student Recruitment Experience. Hearing of the Senate Committee on Health,
        Education, Labor, and Pensions. August 4, 2010.

       Emerging Risk? An Overview of the Federal Investment in For-Profit Education. Hearing of the Senate
        Committee on Health, Education, Labor, and Pensions. June 24, 2010.

       Emerging Risk? An Overview of Growth Spending, Student Debt and Unanswered Questions in For-Profit
        Higher Education. Senator Tom Harkin (D-IA). June 24, 2010.

Federal Investigations

       CHI Institute in Broomball, PA, which is owned by The Washington Post Company, was investigated by
        the Department of Education‟s Office of the Inspector General and Federal Student Aid Office for
        knowingly enrolling more students in its surgical technology program than it was capable of placing in
        required externships. A settlement reached on July 22, 2011 required CHI to pay $1.6 million to the
        whistleblowers, federal government, and surgical technical students who did not receive the promised
        externships. (United States Department of Justice, United States Attorney for the Eastern District of
        Pennsylvania, $1.6 Million Settlement Agreement Announced with CHI Institute for Alleged Failures to
        Comply with Federal Student Financial Aid Requirements, press release dated July 22, 2011).

       On May 3, 2011, it was announced that the U.S. Department of Education, California and Illinois had
        joined a whistleblower suit filed against Education Management Corporation by two former employees.
        The suit alleges that the company created a “boiler-room” atmosphere where the number of enrollments
        was the only metric used to determine compensation and rewarded top recruiters with vacations, tickets to
        movies and sporting events, Starbucks gift cards and Godiva chocolates (Bloomberg, May 3, 2011).

       On January 17, 2008, an Assistant U.S. Attorney in the Civil Division of the U.S. Attorney‟s Office for the
        Eastern District of Pennsylvania contacted Kaplan Higher Education Division‟s CHI-Broomall campus and
        made inquiries about the Surgical Technology program, including the program‟s eligibility for Title IV
        federal financial aid, the program‟s student loan defaults, licensing and accreditation. The inquiry is
        presently proceeding on an “informal, voluntary basis.” (Kaplan Inc., SEC Form 10-K, Filed 2008)

       The Technical Career Institute has been found to have improperly paid $440,487 to FFEL lenders to reduce
        the institutions cohort default rate in order to continue to participate in the FFEL and Direct Loan
        programs. To avoid listing students as defaulting on their loans, TCI returned all student funds to FFEL
        lenders then proceeded to collect debt directly from students with stricter terms than those under FFEL
        loans. (United States Department of Education, Office of Inspector General, Final Audit Report, Technical
        Career Institutes, Inc.’s Administration of the Federal Pell Grant and Federal Family Education Loan
        Programs, May 19, 2008)

       The University of Phoenix paid $9.8 million to settle an investigation by the Department of Education into
        recruiting practices that violate the ban on “commissioned sales” of admissions. The Department found that
        Phoenix “bases [recruiters‟] salaries solely on the number of students they enroll.” According to testimony
        in a later lawsuit by the former CFO, UOP had held back this report because of the fear of negative news
        coverage. (U.S. Department of Education, Program Review Report, PRCN 200340922254, 2004, Inside
        Higher Ed¸ January 17, 2008)

NACAC Higher Education Act Fraud Alert                                                                      Page 2
       The Securities and Exchange Commission has launched an informal inquiry into stock-option granting
        practices at Corinthian Colleges, Inc., the company announced. (Yahoo! Finance News, August 18, 2006)

       Apollo Group, Inc., was notified in June 2006 that the Securities and Exchange Commission was
        conducting an informal investigation relating to the company‟s stock option grants. (APOL Form NT 10-Q,
        Filed July 10, 2006, p. 2)

       The U.S. Department of Education New York Regional Office (NYRO) has determined that Interboro,
        through its parent company to EVCI Career Colleges Holding Corporation, must reimburse the DOE as a
        result of the program review pointing to failure to correctly follow the procedures of the Ability to Benefit
        admission exams (ABT) regarding some 79 graduates and liability for TAP grants received by these
        students. Also, NYRO has indicated it is referring the program review to the responsible division in DOE
        for possible administrative action against Interboro including suspension, fines or termination. Interboro
        closed on December 21, 2007, due to comply with the New York Board of Regents regulations regarding
        ABT. (Press Release from EVCI Career Colleges, December 17, 2007)

       Federal officials raided the National School of Technology in Miami and two campuses of Florida Career
        College in October 2007. Although the Department of Education would not comment on the substance of
        the investigation, media reports noted that 90 percent of National School of Technology‟s students are
        paying for their education with some sort of loan. The school‟s student loan default rates reached almost 49
        percent in 1989 but stands at 12.7 percent in 2005, according to the federal government. (The Sun-Sentinel,
        October 17, 2007)

       Corinthian Colleges ordered to repay $776,241 to the Department of Education for violations of student aid
        procedures at Bryman College (CA). (Chronicle of Higher Education, May 16, 2005)

       The U.S. Department of Education‟s OIG found that seven institutions, working with the Apollo Group‟s
        Institute for Professional Development, violated the Higher Education Act ban on “commissioned sales” of
        admissions from 1999-2001, resulting in the OIG‟s recommendation that more than $70 million in federal
        funds be returned. (OIG Semiannual reports to Congress, 2002-2003)

       The National Consumer Law Center found that in 2003, the Department of Education‟s Office of Inspector
        General (OIG) made public seven audits documenting serious fraud and abuse in school administration of
        federal student aid programs. In decisions that required the return of more than $18 million in federal
        student aid, the Department found widespread evidence of the following: (1) Schools closing without
        warning; (2) Routine fabrication of financial aid documents; (3) Falsification of ability-to-benefit tests; (4)
        Failure to comply with the 90/10 rule; (5) Overstating program length; (6) Disbursement of funds to
        ineligible students.

State Investigations

       A number of state attorney generals are currently investigating for-profit colleges operating in their states.
        These include:
            o Florida Attorney General Bill McCollum, who is investigating Argosy University (owned by the
                Education Management Corporation), Everest College, Kaplan University, the MedVance
                Institute, the University of Phoenix, Keiser University, Concorde Career Colleges, and Sanford
                Brown College (owned by the Career Education Corporation),
            o Illinois Attorney General Lisa Madigan, who is investigating Kaplan Higher Education,
            o Iowa Attorney General Tom Miller, who is investigating Bridgepoint Education‟s Ashford
            o Kentucky Attorney General Jack Conway, who is investigating Education Management
                Corporation‟s Brown Mackie College and five other unnamed for-profit colleges,

NACAC Higher Education Act Fraud Alert                                                                          Page 3
           o   Massachusetts Attorney General Martha Coakley, who is investigating the University of Phoenix,
               Corinthian College‟s Everest College, and Kaplan University‟s Kaplan Career Institute, and
           o New York Attorney General Eric T. Schneiderman, who is investigating Career Education
               Corporation, Corinthian Colleges, Lincoln Educational Services, and Bridgepoint Education.
       (The Chronicle of Higher Education, October 19, 2010 and November 3, 2010; The Wall Street Journal,
       December 15, 2010 and March 2, 2011; Reuters, February 15, 2011; California Watch, May 23, 2011).

      Career Education Corporation (CEC) was forced to pay $200,000 to the State of Pennsylvania after the
       Attorney General reached an Assurance of Voluntary Compliance with the Lehigh Valley College (LVC)
       operated by a subsidiary of CEC, Allentown Business School after a state-led investigation. The
       investigation finds LVC guilty of violating the Consumer Protection Law by failing to provide explanation
       and individual attention as promised to students regarding financial aid repayment guidelines and interest
       rates, using quotas for enrollment as well as incentive-based compensation for admission counselors and
       steering students towards one lender. The suit also finds that the students were misled in regards to post-
       graduation employment, compensation and transferability of credits to other institutions. (Assurance of
       Voluntary Compliance settlement, Court of Common Pleas for Lehigh County, PA, February 20, 2008)

      The Florida Attorney General‟s Office has settled with Florida Metropolitan University, a for profit school
       that was accused of misrepresenting transfer value of credits to former students. Under the $99,900
       agreement, FMU (which changed its name on November 5, 2007 to Everest University) says it will
       maintain a “transfer center” and work out transfer agreements with other colleges and universities. Even
       though no wrong doing was admitted, the settlement touched on the students‟ main complaint that they
       were not clearly told by school officials that credits earned may not be accepted at other schools. There are
       still over 100 pending lawsuit by former FMU students. (St. Petersburg Times, November 5, 2007)

      Texas Attorney General filed suit under the Texas Deceptive Trade Practices Act against Kaplan Higher
       Education Corp. which operates Career Centers of Texas alleging that the “electricians” program being
       offered by this school misled students. Allegedly, the school was claiming in market and recruitment
       material that the students could obtain a full license to conduct a range of resident and commercial
       electrical work with a 900 hour course for a fee of $10,000.00. Texas claims, however, that this program is
       not at all in line with the actual regulations to get an electricians license which requires testing under the
       Texas Electrical Safety and Licensing Act and a specified number of hours of on-the-job training with a
       licensed electrician rather than coursework at a college. The court asks to halt the misleading promotion,
       refund tuition paid by the students who were misled and request civil penalties of $20,000.00 per violation
       of the law. (Attorney General of Texas press release, October 16, 2006)

      The New York State Education Department ordered Taylor Business Institute, a commercial two-year
       business college, to close as of January 2007. The school was highly criticized for its poor curriculum,
       absence of leadership, high staff turnover, and high attrition rate of 80 percent. The Department also
       mentioned that more than 90 percent of students at Taylor had never received a high school degree. (New
       York Times, September 28, 2006)

      The Florida Attorney General‟s Office widened its investigation of Florida Metropolitan University in June
       2006, seeking school records involving job-placement rates, grading, instructor qualifications, financial aid
       and course prices. The AG Office had announced in November 2005 that it was investigating FMU, owned
       by Corinthian Colleges, over the company‟s “advertising and marketing practices.” At that time, the Florida
       AG subpoenaed documents from the last five years related to advertisements, training of FMU admissions
       officers, complaints, compensation and identity of admission representatives, and other documents. (Tampa
       Bay Business Journal, November 22, 2005; Wall Street Journal Online, June 22, 2006)

      In June 2006, California legislators considered a bill that would require for-profit institutions to report
       graduation and job-placement rates to the state. This bill was introduced after activists argued that weak
       reporting rules give for-profit colleges an open door for false advertising practices. The reporting bill,
       however, was amended so that it will merely establish a working group on the issue. This legislation
       follows an earlier law, the Private Postsecondary and Educational Reform Act, that required non-Western

NACAC Higher Education Act Fraud Alert                                                                        Page 4
       Association of Schools and Colleges accredited institutions to report program data to the California Bureau
       for Private Postsecondary and Vocational Education. A law passed in 2003, however, weakened that act by
       exempting regionally accredited institutions. (Inside Higher Education, June 22, 2006)

      In New York, investigations into for-profit college activities lead to a moratorium on the establishment of
       new programs by for-profit colleges while policymakers examined ways in which rules protect against
       fraud and abuse. The New York State Board of Regents has approved new regulations on for-profit
       institutions, including a transition period before new for-profit colleges are authorized to award degrees and
       a requirement that institutions enact stronger and more transparent admissions policies. (Inside Higher
       Education, May 24, 2006)

      Kentucky‟s Attorney General has asked a court to strip Decker College, a for-profit institution, of its
       charter, thus prohibiting it from doing business in Kentucky. Investigations by Kentucky officials revealed
       widespread fraud and abuse, forcing the institution to close temporarily. The investigation and court
       procedures in this case are ongoing. (Louisville Courier-Journal, November 5, 2005)

      The New Jersey Department of Labor and Workforce Development issued a letter to the Sanford Brown
       Institute-Iselin, owned by Career Education Corporation, expressing concerns regarding allegations against
       SBI-Iselin raised in the January 2005 CBS News 60 Minutes report on for-profit colleges. DLWD
       requested that the school provide justification for continued operation of the school in light of the
       allegations raised in the report. SBI-Iselin submitted a written explanation in July 2005, and school
       administration met with DLWD officials in September 2005. At this meeting, SBI-Iselin received
       confirmation that it could continue with the submission of its license application, a process which had been
       delayed by DLWD. (CECO SEC Form 10-Q, Filed November 2, 2005, p. 20)

      In January 2003, the New York State Comptroller's Office began an audit of DeVry New York's
       compliance with the New York State Tuition Assistance Program Grant ("TAP") requirements for the three
       year period ending June 2002. Fieldwork was completed in June 2003 and a preliminary report was issued
       in July 2003. The Company responded to the preliminary report, disagreeing with some of the findings in
       the report. Subsequently, the Company received an amended report and responded again. In the first quarter
       of fiscal 2005, the Company received the final report and determination of disallowance that resulted in
       financial liability to the Company. The final liability was in an amount for which the Company had
       previously accrued. The Company has remitted the required claim of disallowance and the matter is now
       closed. (DeVry, Inc., SEC Form 10-Q, Filed May 11, 2005, p. 35)

      The Washington State Higher Education Coordinating Board required the Business Career Training
       Institute (BCTI) to repay $63,000 in state need grants for low-income students after the school admitted
       falsifying enrollment tests to admit unqualified students. (Portland Oregonian, March 15, 2005)

      The Oregon Department of Education placed the Business Career Training Institute (BCTI) on probation
       after it found that the school was “unfair and deceptive” in how it recruited, admitted, and enrolled
       students. (Portland Oregonian, February 5, 2005) The state found that recruiters were paid on the basis of
       the number of students enrolled, which is a violation of the Higher Education Act. (OAR-581-045-0061,
       “Private Career School Agents,” February 2005, Oregon Department of Education) BCTI subsequently
       suspended classes with no warning to students or state administrators. (Portland Oregonian, March 15,
       2005) The Accrediting Council for Continuing Education and Training revoked the Business Career
       Training Institute‟s accreditation on March 15, 2005. In April 2005, the Council barred two BCTI
       presidents, Tom Jonez and Morrie Pigott, from ever again operating a school accredited by that council.
       BCTI had closed just days before, on March 11, 2005, after years of allegations of non-compliance with
       federal education and auditing regulations and several student lawsuits.

      The California attorney general‟s office examining allegations of fraud against a number of for-profit
       institutions, including ITT and Corinthian. (Chronicle of Higher Education, October 1, 2004)

Media Reports

NACAC Higher Education Act Fraud Alert                                                                        Page 5
      The currently pending settlement of a class action lawsuit against the California Culinary Academy will, if
       approved, award up to 8,500 former students with rebates of $20,000 each. CCA‟s parent company, Career
       Education Corporation, has already agreed to pay back $1.8 million in student debt as a part of the suit,
       which alleges that the school misrepresented its job placement rate, prestige in the industry, and selectivity
       to prospective students (San Francisco Chronicle, May 1, 2011).

      A former Grand Canyon University admissions representative provided recordings, emails, and other
       materials to ProPublica that revealed aggressive recruiting tactics at the for-profit institution. Recruiters
       were instructed to make 100 calls and leave 100 messages per day, and blast prospective students on a
       “blitz list” multiple times each day, including some people who had previously stated that they were not
       interested in enrolling. Though “recruiters were not rewarded for signing up students,” “they knew their
       jobs were on the line if they did not,” according to the former employee (ProPublica, February 14, 2011).

      Data released by the Department of Education revealed that 25 percent of federal student loan borrowers
       who attended for-profit colleges and subsequently entered repayment had defaulted within three years,
       compared to 18 percent at community colleges, 10.8 percent at public institutions and 7.6 percent at private
       institutions. Everest College campuses had some of the highest default rates: over 57 percent of borrowers
       from one Texas campus defaulted within three years, as did over 48 percent of borrowers from campuses in
       Colorado, Michigan and New York. The three year default rate of for-profit colleges significantly exceeded
       their official 2008 two-year default rate of 11.6 percent, suggesting that some schools are gaming the
       current system with aggressive, temporary default management (Inside Higher Ed, February 4, 2011).

      The lead education advisor at Camp Lejeune, who is also a retired Marine colonel, told The New York
       Times that “some for-profit colleges hounded active-duty personnel [at the camp] as they pursued „hot
       leads,‟ calling them repeatedly to get a piece of the military tuition grants.” He said that Marines were
       enrolled in classes of limited educational value, and that “in some cases, the colleges even take out high-
       interest-rate loans on behalf of the Marines to cover extra costs.” Recruiters at Colorado Technical (owned
       by the Career Education Corporation) said that, in order to meet the “extremely high” enrollment targets set
       by their managers, they had to sign veterans up for programs and classes for which they knew the veterans
       were not qualified. They also reported pressuring students to log in to their online classes at least once,
       finish the first assignment, and remain enrolled for a full week, in order to ensure that the university would
       not have to refund the student‟s federal financial aid. In 2008, Colorado Technical‟s online program had a
       second-year retention rate of only 39 percent (The New York Times, December 8, 2010).

      In a court filing reported on by Deseret News, a former Everest College employee cited a number of
       recruiting abuses committed at the company‟s West Valley City campus. Admissions representatives “were
       instructed to make prospective students feel hopeless about their lives,” and put them down in order to
       make them “feel bad about their current situation and stuck at a dead end,” he said. Recruiters were
       required to call new “leads” three times per day for the first week, and once a day for the remainder of the
       first month. They were also instructed not to delete the phone numbers of students who asked not to be
       contacted. The former employee reported that prospective students were rushed through enrollment
       paperwork, including a lawsuit waiver, which he said very few students actually read. Furthermore, he said
       that default managers encouraged former students at risk of defaulting to take out new loans and re-enroll
       in classes in order to keep the school‟s cohort default rate low (Deseret News, November 24, 2010).

      The American Association of Community Colleges released a policy brief highlighting some key
       differences between community colleges and for-profit institutions. During the fall 2008 semester,
       community colleges enrolled 7.3 million students (44 percent of all undergraduate students nationwide)
       compared to the 1.5 million students enrolled at for-profit schools. The sixteen for-profit companies
       investigated by the Senate HELP Committee made $2.7 billion in profits in 2009, enough to fund “the
       entire 2008-2009 state contribution to the community [college] systems in Florida, Illinois, Michigan, New
       York and Ohio combined” (Inside Higher Ed, November 17, 2010).

NACAC Higher Education Act Fraud Alert                                                                        Page 6
      In an investigation conducted by ABC News, a recruiter at Remington College told an undercover producer
       posing as a potential student that, despite his felony conviction, a variety of jobs in criminal justice would
       be open to him, including positions as a sheriff, corrections officer, jailer, and border patrol officer. In fact,
       people with felony convictions in Texas are barred from working in sheriff‟s offices, as corrections
       officers, and generally, with the border patrol (ABC News, November 12, 2010).

      Between 2006 and 2008, for-profit colleges in the Sacramento area enrolled only one-eighth of the area‟s
       students, but accounted for two-thirds of the region‟s student loan defaults. Local four-year public colleges
       had a two percent default rate, compared to nine percent for local community colleges and eleven percent
       for local for-profit colleges. Notably, fifty-six percent of local for-profit students took out federal loans,
       compared to only three percent at local community colleges (The Sacramento Bee, November 7, 2010).

      When Keith Melvin, a disabled veteran, expressed hesitation about enrolling in Kaplan‟s legal studies
       program, the recruiter told him “I came very close to letting your space go to another student,” despite the
       fact that the online program did not have the space limitations associated with brick and mortar schools.
       The recruiter told him that, upon completing his bachelor‟s degree, he could enroll in Kaplan‟s online
       Concord Law School, but neglected to tell him that Concord is not accredited by the American Bar
       Association, and graduates are therefore ineligible to take the bar or practice law in Melvin‟s home state of
       Ohio. Kaplan officials also assured Melvin that the government would cover the full cost of his tuition and
       enrolled him in classes before his military benefits were approved. The Veterans Affairs department
       eventually determined that Melvin didn‟t qualify for GI Bill benefits and he was charged $4,125 in overdue
       tuition bills (Bloomberg, November 1, 2010).

      A Dallas/Fort Worth news station, WFAA, conducted a series of investigations into local for-profit colleges
       and found evidence of falsified job records, lax state oversight, and unethical recruiting practices. An
       Everest College campus (owned by Corinthian Colleges) was found to have falsified the job records of at
       least 288 former students over four years. Admission representatives at ATI, a smaller, local chain,
       reportedly recruited parolees at Texas Department of Corrections facilities while supposedly serving as
       volunteers. The Dallas County Community Supervision and Corrections Department acknowledged that
       they previously granted community service hours to men and women on probation for attending ATI
       information sessions. ATI employees also recruited at homeless shelters and, according to one former
       admission officer, were given $100 bonuses and time off work for making students cry (WFAA, October
       19, October 29, and November 9, 2010, and January 22, 2011). Eventually, the Texas Workforce
       Commission, which regulates for-profit schools in the state, conducted its own investigation and found that
       ATI had reported that 300 graduates were successfully placed in jobs when they had no jobs at all. An
       additional 427 records showed graduates to be employed at the wrong location (WFAA, April 1, 2011).

      An Iraq war veteran suffering from PTSD and traumatic brain injury told Bloomberg that officials at the
       Art Institute of Pittsburgh refused his requests for face-to-face tutoring and simplified assignments, despite
       prior assurances that they would accommodate his disabilities. He was told that institute, which is owned
       by the Education Management Corporation, had services available, but no one assessed how his disabilities
       would affect his academic performance and he was quickly rushed through the enrollment process. At one
       point, he had planned to drop out due to frustration with his academic struggles, but he was convinced to
       stay by instructors who promised him more help. No additional help was provided, however, and university
       officials responded to his pleas by saying that the requested services were either unavailable, or not
       considered reasonable accommodations at the college level (Bloomberg, September 23, 2010).

      The Wisconsin Educational Approval Board ordered Westwood University to immediately cease enrolling
       students in the state following a complaint filed by a former student. After taking out $5,900 in loans, the
       student discovered that the school was not licensed to operate in Wisconsin and that the health care
       management program in which he had enrolled lacked accreditation from a key industry council, greatly
       limiting his employment prospects (Wisconsin Watch, September 16, 2010). Physical Westwood campuses
       were shut down in Texas, where the university had already been banned from enrolling students in its
       online programs. Additionally, the Accrediting Commission of Career Schools and Colleges put
       Westwood‟s Denver North campus on probation (Denver Post, September 21, 2010).

NACAC Higher Education Act Fraud Alert                                                                           Page 7
      Seventy-four students who enrolled at the Fort Lauderdale campus of Keiser University between 2009 and
       2010 were found to have received high school diplomas from an online Texas school that was identified as
       questionable by the U.S. Department of Education (Sun Sentinel, September 3, 2010). The high school was
       later declared a diploma mill by the Texas attorney general and temporarily shut down by the El Paso
       District Court (Sun Sentinel, October 22, 2010).

      ABC News conducted an undercover investigation of the University of Phoenix after hearing from a former
       student who said that a recruiter falsely assured her their associate‟s degree in education program would
       qualify her to become a public school teacher. A producer posing as a potential student was encouraged by
       a recruiter to take out the maximum amount of federal financial aid, regardless of his need. He was also
       falsely told that earning a bachelor‟s of science in education would qualify for him to receive a teaching
       certificate in Texas and New York after passing the certification exam (ABC News, August 19, 2010).

      In a Good Housekeeping report, former students share stories of “stressful” loan debt, feeling “defeated,”
       and program “realit[ies] [that] didn‟t match the promises” at Sanford-Brown in White Plains, New York
       (owned by Career Education Corp.); Brown Mackie College in Merrillville, Indiana; and American
       Intercontinental University in Los Angeles (owned by Education Management Corp.); respectively. A
       former president of Sanford-Brown College‟s Hazelwood, Missouri campus discussed “unqualified”
       faculty and meetings about money, never academics. (Good Housekeeping, June 2010)

      According to Securities and Exchange Commission filings by Education Management Corporation,
       attorneys general in Illinois and Oregon are investigating the for-profit college‟s Art Institute schools for
       their relationships between the schools and the providers of loans to students at those schools. In addition, a
       lawsuit against EMC‟s Argosy University in Texas filed by former students who claim the college
       misrepresented the importance of its accreditation, the availability of loan repayment options, and the
       quantity and quality of career options. (The Milwaukee Wisconsin Journal Sentinel, May 5, 2010)

      According to a regulatory filing from Corinthian Colleges, Inc., the U.S. Department of Education found
       that the company‟s Everest College Phoenix division misrepresented costs and aid eligibility, which the
       Department called “intentional evasion of the 90/10 requirements,” as noted in the SEC filing. (Corinthian
       Colleges, Inc. SEC Form 10-Q, Filed March 31, 2010, p. 22; Associated Press, May 4, 2010)

      Bloomberg News Service reported that Drake College of Business recruits at homeless shelters and five
       percent of students at its Newark, New Jersey campus is homeless. In 2008, the college began offering a
       biweekly stipend of $350 to students who attended at least 80 percent of classes and maintained a C
       average. A case manager at a Newark rescue mission, from which 20 clients over two years enrolled at
       Drake, told Bloomberg, “It‟s basically known in the community: If you‟re homeless, and you need some
       money, go to Drake.” The Accrediting Council for Independent Colleges & Schools reportedly opened an
       investigation of Drake‟s recruitment tactics, which could lead to the revoking of its accreditation making it
       ineligible for Title IV aid. According to the report, Cleveland‟s Chancellor University and University of
       Phoenix also recruit at homeless shelters; this practice helps Phoenix recruiters meet their enrollment quota
       of five students per month. (Bloomberg News Service, April 30, 2010)

      The St. Petersburg Times revealed that for-profit companies are working to keep taxpayer dollars flowing
       to their revenues by opposing proposed regulations by the U.S. Department of Education that would tie
       student debt to future income. The Career College Association, the for-profit education group, has donated
       over $150,000 to congressional candidates and parties in just this 2010 election cycle; only Harvard and
       Stanford have donated more. Arthur Keiser, owner Keiser Career Colleges and Keiser University, has
       donated more than $66,000 to congressional candidates since 2009, making him one of the top 12 donors
       nationwide. (St. Petersburg Times, April 11, 2010)

      In a complaint filed in Maricopa County Court, a former Grand Canyon University enrollment counselor
       seeks punitive damages for being fired for refusal to “call and threaten” a prospective student regarding a
       $100 non-existent application fee, to shred records of calls to members of the Do Not Call registry daily,

NACAC Higher Education Act Fraud Alert                                                                         Page 8
       and to use sales scripts copyrighted by the University of Phoenix. (Courthouse News Service, April 9,

      Ohio State Representative Clayton Luckie (D-Dayton) called for an investigation of Miami-Jacobs Career
       College saying he will hold hearings on the college‟s practices and propose legislation requiring companies
       notify students of accreditation during the admission process. Miami-Jacobs has been accused of not
       meeting accreditation standards and was sued by its students in 2008 for claiming accreditation that did not
       exist. (Dayton Daily News, April 9, 2010)

      A report from Smart Money pointed out that Education Connection, with its enticing television
       commercials, sells names and contact information of potential students to a select group of for-profit
       education companies and non-profit postsecondary education institutions. The article reveals that schools
       then call students directly or hire a third party referral business with a call center and that this recruiting
       process is much like “dialing-for-dollars” with companies making hundreds or thousands of calls per day.
       (Smart Money, April 7, 2010)

      In a report from the Sun Sentinel, a consumer alert urges prospective students to do research before
       enrolling in for-profit education. The report notes that costs for associate degrees can exceed $30,000
       leaving students with loan debt and possibly a diploma that future employers and potential transfer
       institutions of higher education do not recognize. (Sun Sentinel, March 29, 2010)

      The New York Times featured a front-page article about a beneficiary of this economic recession: for-profit
       higher education companies. The article revealed that some companies require students to borrow for
       tuition that can exceed $30,000 per year. Also noted is that upon program completion, many students have
       acquired unmanageable debt and little training for gainful employment. (The New York Times, March 13,

      After ITT Educational Services, Inc. purchased Daniel Webster College in June 2010 for $20.8 million,
       Bloomberg News Service revealed how the company obtained accreditation it would not have earned itself.
       “Now [for-profit higher education companies are] taking a new tack in their quest to expand. By exploiting
       loopholes in government regulation and an accreditation system that wasn't designed to evaluate for-profit
       takeovers, they're acquiring struggling nonprofit and religious colleges -- and their coveted accreditation.
       Typically, the goal is to transform the schools into online behemoths at taxpayer expense.” (Bloomberg
       News Service, March 4, 2010)

      The Denver Post discussed the consequences of high tuition costs at for-profit colleges. Twenty-three
       percent of students attending Colorado for-profit institutions defaulted on their federal student loans in the
       first three years of repayment; that compares to a 15 percent default rate at Colorado four-year public
       colleges. In addition to burdening taxpayers, defaulting on federal student loans causes ruined credit ratings
       for students. (The Denver Post, January 24, 2010)

      The University of Phoenix has campuses in 29 of the 30 most populated states; one state blocking
       Phoenix‟s bid for a campus is New York. A state review team of University of Phoenix's general education
       courses found that “First-year algebra „is not a college-level mathematics course‟ and „does not demand as
       high a level of critical thinking as the high school curriculum‟ in New York,... Courses in human nutrition
       and in environmental issues and ethics lacked basic science, and instructors were unqualified.” (Bloomberg
       News Service, January 19, 2010)

      The Denver Post notes that for-profit higher education is a business “in which the federal government
       guarantees up to 90 percent of revenue, sales are recession-proof and profit margins regularly run in the
       double digits.” A professor of education who studies for-profit education companies observes that it is easy
       to generate revenue in this sector: “You have a limited set of courses, a standardized curriculum and a
       teaching staff of working professionals. Then you recruit like hell…. The more enrollments, the more
       money you make.” (The Denver Post, January 18, 2010)

NACAC Higher Education Act Fraud Alert                                                                         Page 9
       The Denver Post reports that along with growth in for-profit education comes an increase in complaints
       and lawsuits over recruiting practices, levels of debt, and employability. Colorado has received 164 student
       complaints about for-profit schools in the last three years and it has revoked authorizations of two for-profit
       schools and one for-profit vocational school since September 2009. According to loan data from the U.S.
       Department of Education, last year Colorado students received $1.6 billion in federal loans and Pell grants,
       of which $690 million went to for-profit companies. (The Denver Post, January 17, 2010)

      In an article about the recruitment of military personnel by for-profit colleges, Bloomberg News Service
       revealed that for-profit online colleges “are lured by a Defense Department pledge of free schooling up to
       $4,500 a year for active members of the armed services.... Taxpayers picked up $474 million for college
       tuition for 400,000 active-duty personnel in the year ended Sept. 30, 2008, more than triple the spending a
       decade earlier, Defense Department statistics show.” One Camp Lejeune director said some schools prey
       on Marines, calling and emailing them day and night. An executive at a search firm specializing in the
       placement of military personnel notes that Fortune 500 firms are reluctant to hire service members with
       degrees from online for-profit companies. (Bloomberg News Service, December 15, 2009)

      Apollo Group paid $78.5 million, of which $67.5 million will go to the federal government and $11 million
       will go to plaintiffs, in a whistleblower lawsuit filed by two former employees who said the University of
       Phoenix paid recruiters based on the number of students they enrolled. (Bloomberg News Service,
       December 14, 2009)

      A report from The Wall Street Journal reveals students using federal student loans to cover costs of for-
       profit education have a 21% default rate in the first three years of repayment; about three times the rate of
       four-year public and non-profit postsecondary education institutions. (The Wall Street Journal, December
       14, 2009)

      An Associated Press analysis of for-profit colleges reveals that an increasing proportion of federal student
       aid dollars are going to the sector. In 2008, the top five institutions receiving the most Pell Grants were all
       for-profit companies. (USA Today, November 30, 2009)

      American Public Media’s Marketplace reported on admission practices experienced by current and former
       students and former recruiters at the University of Phoenix, exposing abuses in the enrollment process.
       Three students interviewed experienced hard-sell tactics that included being hounded by for-profit college
       recruiters. Former recruiters cited deception in the process, including lying about space availability to
       create urgency and demand, winning a prospective student‟s trust through lengthy personal phone calls, and
       claiming regional accreditation. (American Public Media’s Marketplace, November 4, 2009)

      In a report about featuring statements from current and former University of Phoenix students, American
       Public Media’s Marketplace notes that recruiters are paid based on the number of students they enroll,
       which can create a deceptive and high-pressure admission process. Students cite receiving loans without
       their knowledge and attending courses that provide no valuable training. (American Public Media’s
       Marketplace, November 3, 2009)

      After the U.S. Department of Education‟s regulatory investigators cited the University of Phoenix with
       enrollment abuses in 2004, the Apollo Group paid nearly $10 million to resolve the allegations. However,
       some of Phoenix‟s recruiters still use high-pressure and deceptive tactics, according to current and former
       students and former recruiters interviewed by ProPublica and American Public Media’s Marketplace.
       Recruiters disclosed they were required to display what they felt to be high-pressure sales tactics and
       misleading techniques. Students shared they were deceived about the transferability of credits and types of
       financial aid such as receiving loans after being promised grants and scholarships. (ProPublica, November
       3, 2009)

      Thirteen students brought a suit against Corinthian Colleges Inc. alleging Corinthian, Rhodes, and Everest
       Colleges in Dallas, Fort Worth, and Arlington, Texas did not deliver on promises made during the
       recruitment process and are focused only on revenue. Students say advertising claims about job placement

NACAC Higher Education Act Fraud Alert                                                                       Page 10
       rates and the transferability of credits to other colleges were false. (NBC Dallas-Fort Worth, August, 28,

      In Atlanta, a lawsuit alleges American InterContinental University enrolled students who were unable to
       read and lacked a high school diploma and that it fraudulently attained accreditation. In addition, the
       college also rewarded recruiters with bonuses based solely on the numbers of students they enrolled. (The
       Atlanta Journal-Constitution, August 24, 2009)

      A wrongful termination lawsuit against the University of Phoenix revealed evident of the continuing use of
       recruiting practices in violation of the incentive compensation prohibition. Although the university claims
       to use an intricate system for evaluating recruiters taking into account enrollment numbers, but not solely
       using these numbers as a measure of performance, several documents surfaced suggesting that enrollment
       numbers were the key factor in determining job performance. A recruiter received credit for an enrolled
       student only if that student attended at least three classes or three weeks. In addition, failure to meet certain
       quotas set for a month would result in decreases in salary and possibly termination. (New America
       Foundation, February 19, 2009)

      In an article dated July 14, 2007, The Kansas City Star pointed to many struggles University of Phoenix is
       having regarding increasing its profits. Among the quotes, Trace Urdan, a senior analyst with the
       investment bank Signal Hill, says that the parent company Apollo is sending a message that they are
       “chasing after growth for growth‟s sake” in order to increase their stock value. (The Kansas City Star, July
       14, 2007)

      In interviews with both former admission officers and students, San Francisco Weekly pointed out the
       deceptive practices of the California Culinary Academy (CCA) since Career Education Corporation took
       ownership of the school in 1999. These anonymous former admission officers tell the paper that they
       would tell the applicants anything they needed to hear to sign on the dotted line and admits anyone eligible
       for a student loan and a pulse. The students said that there were misled with high placement rates and
       unattainable salaries in the application material and conversations with admission officers. (San Francisco
       Weekly, June 6, 2007)

      In early February 2007, the New York Times ran a story chronicling the latest troubles for the University of
       Phoenix. According to the article, current and former students of the university both online and on
       campuses in Arizona, California, Colorado, Florida, Michigan, Texas, and Washington have complained of
       recruiting abuses, unqualified professors, and low academic standards. The university‟s stock fell greatly at
       the end of 2006 amidst resignations of top officials at Apollo Group. The article mentions a 16%
       graduation rate among all Phoenix students, and 4% rate among online students. About 95% of Phoenix
       instructors are part-time. (New York Times, February 11, 2007).

      Lehigh Valley College, owned by Career Education Corporation, is reported to have practiced illegal
       recruiting, enrollment, and grade reporting in Pennsylvania. Five complaints were submitted to the
       Pennsylvania Department of Education, which did not act on the complaints as they were “out of its
       purview.” (Allentown Morning Call, April 25, 2005)

      60 Minutes‟ report resulted in a hearing of the House Education & Workforce Committee on March 1,
       2005, during which evidence of continued improprieties were provided by a former admission officer at
       one of Career Education Corporation‟s campuses.

      In Oregon, former employees of American InterContinental University Online (owned by Career Education
       Corporation) described the institutions “admission” tactics as little more than “high pressure sales,” as
       recruiters were dogged by supervisors with constantly escalating enrollment targets, misleading sales
       scripts, and the belief that managers wanted enrollees regardless of their ability to pay tuition. (Portland
       Oregonian, February 20, 2005)

NACAC Higher Education Act Fraud Alert                                                                         Page 11
      CBS News reported that recruiters for Career Education Corporation‟s (CEC) Brooks College employed
       high pressure sales tactics, and were expected to meet quotas of enrolled students. At other CEC campuses,
       reporters revealed that recruiters admitted clearly unqualified students, presumably to meet sales quotas.
       (60 Minutes, January 30, 2005)


      In May 2011, two former University of Phoenix recruiters filed a whistleblower suit against the school,
       alleging that it continued to illegally compensate employees based on the number of students enrolled even
       after the company had settled a $78.5-million incentive compensation suit in December of 2009. The
       recruiters said that the Apollo Group blatantly and systematically created "fake or imaginary qualitative
       criteria in the Apollo Performance Matrix, while the only criterion for recruiters that truly counts is the
       number of students enrolled” (Chronicle of Higher Education, May 27, 2011).

      Two former students filed a class action lawsuit against Everest College, alleging that the for-profit chain,
       which is owned by Corinthian Colleges, Inc., systematically misleads students regarding the school‟s
       accreditation status and its job placement rates. The plaintiffs claim that, because the college does not
       disclose the type of accreditation it holds, students are unaware that their credits will not transfer to most
       non-profit schools until after they have accumulated significant amounts of debt. Furthermore, the lawsuit
       contends that Everest has a “policy and practice of misrepresenting” its job placement rates and the
       employability of its graduates, leading students to overestimate the likelihood that they will obtain gainful
       employment after earning their degrees. (Superior Court of the State of California, Los Angeles County.
       Jalanic-Reed, et al. v. Corinthian Colleges, Inc., et al., Filed March 7, 2011; Seeking Alpha, March 8, 2011)

      In a federal lawsuit against Education Management Corp., a former employee of South University Online
       cites he observed violations of Title IV federal statute and regulations: paying salaries based on the number
       of students recruiters signed up for courses; submitting fake proctor forms for ability to benefit tests;
       allowing students to take ability to benefit tests repeatedly until they passed; and offering free trips, iPods,
       and gift cards to representatives who enroll the highest number of students. (The United States District
       Court Western Pennsylvania. Brian T. Buchanan vs. Education Management Corp., Filed July, 2007;
       Pittsburgh Tribune-Review, May 7, 2010)

      In a lawsuit against ITT Educational Services, Inc., a plaintiff who was hired as director of ITT‟s Lathrop,
       CA campus cites he observed violations of state and federal laws and regulations to benefit from federal
       subsidized financial aid: staff changing failing scores to passing scores on placement tests, staff inflating
       and altering attendance records and grades, inaccurate job placement figures, and recruiters being
       compensated based on the number of students they convinced to enroll. In addition, he observed staff alter
       and destroy files required to be maintained by state and federal law. (The United States District Court
       Southern District of Indiana. Jason Halasa vs. ITT Educational Services, Inc. Filed April 15, 2010)

      A class actions suit was filed against Apollo Group Inc. and The University of Phoenix alleging that they
       artificially deflated their cohort default rates in order to remain eligible for Title IV funds. By returning
       students‟ federal loan money to lenders once they had withdrawn from classes during the first term, UOP
       avoided listing these students as defaulting on their loans. UOP then proceeded to collect the debt directly
       from the students under more rigid terms, devoid of a six month grace period and low interest rates, than
       those agreed upon between the student the original lender resulting in debt being passed on to collection
       agencies and adversely affecting students‟ credit. (The United States District Court Eastern District of
       Arkansas. Shawn Martin, Angela Russ and Nitisha Ingram vs. Apollo Group, Inc. and University of
       Phoenix. Filed December 9, 2008)

      Three former academic officers at Kaplan University have filed a wide-ranging lawsuit alleging the for-
       profit institution of defrauding the U.S. Government of more than $4 billion. The lawsuit alleges that
       Kaplan enrolled unqualified students, inflated their grades so they could stay enrolled and falsified
       documents for accreditation purposes. They also accuse the company of paying its own employees to

NACAC Higher Education Act Fraud Alert                                                                        Page 12
       enroll in classes so they meet the requirement of 10 percent of revenue coming from sources other than
       federal loans and grants. In addition, the complaint also accuses Kaplan of providing incentives to its
       college recruiters based on the number of students they enroll, in violation of federal regulations. (The
       Chronicle of Higher Education, March 13, 2008)

      The Apollo Group was forced to pay an estimated $277.5 million to shareholders who sued for securities
       fraud alleging that the company officials withheld a harshly critical U.S. Department of Education report in
       February 2004 that accused the company of violating a federal prohibition against paying recruiters based
       on the number of students they enrolled. Former CFO Kenda Gonzalez, also a defendant in the case,
       admitted in testimony that they did hold the report back out of fear of negative news coverage. (Inside
       Higher Ed, January 17, 2008). A string of appeals ended with the U.S. Supreme Court, which refused to
       take up the case and thereby upheld the lower-court decision in favor of Apollo shareholders (Bloomberg
       News Service, March 7, 2011).

      A class action suit was filed against Career Education Corporation alleging that their California Culinary
       Academy misrepresented that its admissions were selective, its program elite and its degree prestigious.
       Also, alleging CCA was erroneously saying that upon graduation well-paying jobs would be waiting and
       students‟ education loans would be readily repayable. The plaintiffs allege that none of this information
       was true when they were informed of it or even when they went to look for jobs. They also seek to prove
       that CEC, or CCA, accepted undisclosed benefits from lenders to place students in loans that exceed market
       rates. (Chronicle of Higher Education, October 1, 2007)

      In December 2005, former students commenced a putative class action against DeVry University and
       DeVry Inc. (“Defendants”) in Los Angeles Superior Court, alleging that the defendants failed to comply
       with disclosure requirements under California Education Code relating to the transferability of academic
       units earned. This case was settled in 2007. (DeVry, Inc., SEC Form 10-K, Filed August 24, 2007, p. 36)

      Chubb Institute, a chain of career schools owned by High Tech Institute, has lost its accreditation in
       Chicago by the Accrediting Council for Continuing Education and Training (ACCET) and is being sued by
       former students in New Jersey and Pennsylvania alleging they misrepresented job placement figures. A
       branch of Chubb is also closing in Virginia due to financial problems due to alleged mismanagement and
       an unresponsive administration. The ACCET claims the Chicago school did not have “required prerequisite
       courses” and instructors adjusted test scores by deleting questions that were not covered so that most
       students in the class had an „A‟. (The Washington Post, August 13, 2007)

      Corinthian Colleges, a large vocational school chain based in California, has agreed to pay $6.5-million to
       settle a lawsuit alleging they engaged in unlawful business practices by exaggerating record of placing
       students in well-paying jobs and forcing their recruiters to meet a pre-set quota of new enrollments. (LA
       Times, August 1, 2007)

      Oakland City University, a nonprofit college in Indiana, agreed to pay $5.3-million to settle a complaint by
       a whistle blower that maintained the institution offered improper incentives to student recruiters. The
       former admissions director at Oakland City claimed that he and others were paid in commissions and
       bonuses based on their ability to enroll students. (Chronicle of Higher Education, July 31, 2007)

      An insurance company for the Business Computer Training Institute, which closed in July amidst
       allegations of federal student-loan fraud and other improper practices, has agreed to pay $9 million to
       former students in a class action lawsuit. The students had accused the institute of fraud, breach of contract,
       and of breaking Washington State‟s consumer-protection laws. The settlement could benefit as many as
       28,000 students, and negotiations were underway for a second settlement in the amount of $55 million.
       (Chronicle of Higher Education, May 14, 2007)

      On September 6, 2006, the Ninth U.S. Circuit Court of Appeals reinstated a lawsuit against the University
       of Phoenix that alleges the institution obtained federal funds under false pretenses by paying recruiters on

NACAC Higher Education Act Fraud Alert                                                                       Page 13
       the basis of how many students they enrolled. The case, brought against the University of Phoenix by two
       former recruiters, was dismissed by a U.S. District Court in California in 2004. (Chronicle of Higher
       Education and Inside Higher Education, September 6, 2006) In May 2007, The U.S. Supreme Court
       declined a request from University of Phoenix to intervene in this lawsuit, letting the lawsuit proceed
       despite the institution‟s objections. (Chronicle of Higher Education, May 4, 2007)

      On August 25, 2005, a class action was filed against Career Education Corporation (CEC) through its
       subsidiaries by eight former students allege that defendants made fraudulent misrepresentations and
       violated the Missouri Merchandising Practices Act by misrepresenting or failing to disclose, among other
       things, details regarding instructors‟ experience or preparedness, estimates for starting salaries of graduates
       and curriculum, that credits earned were transferable at Sanford-Brown College (subsidiary of CEC). The
       plaintiffs also allege that admissions representatives had sales quotas for enrolling new students, directly in
       opposition to the Higher Education Act. The plaintiffs, through the complaint, accuse the defendants of
       failing to provide the promised instruction, training and placement services. This matter has been settled as
       of May 2007. (Career Education Corporation, SEC Form 10-Q, Filed May 3, 2007)

      On March 21, 2005, a class action complaint was filed in the Superior Court for the State of California
       against Brooks College, a school owned by Career Education Corporation. The complaint alleges that the
       college violated California Business and Professions Code and Consumer Legal Remedies Act by allegedly
       misleading potential students regarding the admission criteria, transferability of credits and retention and
       placement statistics as well as engaging in false and misleading advertising. (Career Education
       Corporation, SEC Form 10-K, Filed May 3, 2007)

      Former students of the Sanford-Brown Institute in Landover, Maryland issued a complaint in March 2006
       alleging that SBI broke the MD consumer fraud act by “misrepresenting or failing to disclose, among other
       things, details regarding instructors‟ experience or preparedness, availability of clinical externship
       assignments, and estimates for the dates upon which the plaintiffs would receive their certificates. The
       complaint also states the institution failed to provide promised instruction, training, externships and
       placement services. (Career Education Corporation, SEC Filing 10-Q Form, November 7, 2006, p. 76)

      A class action lawsuit has been filed by Kahn Gauthier Swick, LLC in the United States District Court for
       the District of Arizona on behalf of shareholders who acquired Apollo Group stock and securities between
       November 28, 2001 and October 18, 2006. The suit charges violations of federal securities laws, including
       backdating of stock options.

      The University of Phoenix has been sued by the Equal Employment Opportunity Commission for
       employment discrimination. The EEOC charged the University of Phoenix preferred hiring admission
       counselors who belonged to the Church of Jesus Christ of Latter-day Saints over those who did not. The
       suit was filed on behalf of four current or former non-Mormon University of Phoenix enrollment officers. It
       alleges that after these four men complained internally, the University of Phoenix transferred all of them
       and terminated one of them. The suit was filed as a class action. (Inside Higher Ed, September 29, 2006)

      The Seattle Times reported in early August 2006 that Crown College of Tacoma would pay over $87,000 to
       settle claims by six students who alleged the school misled them about whether their credits would transfer
       to other colleges or universities. The settlement involved the third such lawsuit against the school. In
       January 2006, Crown College was ordered to pay almost $77,000 in a case that involved a student who said
       the college had told her she could transfer her credits to Gonzaga University. (Seattle Times, August 5,

      On July 21, 2006, a class-action securities fraud complaint was filed in Federal District Court in the
       Southern District of New York against EVCI Career Colleges Holding Corporation, parent of Interboro
       Institute. The complaint alleged that the company had cheated in determining whether student were
       eligible for federal and state financial aid and had fired employees for failing to meet enrollment quotas.

NACAC Higher Education Act Fraud Alert                                                                       Page 14
       The complaint indicated that unethical practices at the corporation went even further than those outlined in
       a 2005 NY State Education Department investigation. (New York Times, July 24, 2006)

      Career Education Corporation‟s American InterContinental University was recently placed on a one-year
       probation by its accrediting agency, the Southern Association of Colleges and Schools. If AIU‟s
       accreditation is withdrawn, students attending would no longer be able to receive federal financial aid. The
       latest action has prompted shareholders to again question the commitment to regulatory compliance on the
       part of the company‟s governing board. (Wall Street Journal, December 12, 2005)

      For-profit college activities in Canada have recently prompted the Canadian legislature to consider
       legislation tightening rules for private career colleges. Complaints have been submitted by students from
       across Canada against institutions such as CDI College, owned by Corinthian Colleges. (Canadian Press
       (via Canada.com), November 5, 2005)

      A group of students have filed suit against the ECPI College of Technology in Greenville, SC, alleging that
       the school is a “fraud and a sham,” and alleging that training at the school is “severely deficient.”
       (Greenville News, August 11, 2005)

      A wrongful termination suit by a former professor and “educator of the year” at American InterContinental
       University (AICU) against Career Education Corporation in Los Angeles indicates that fraudulent
       enrollment practices enabled that institution to receive federal student aid funds. According to the lawsuit,
       AICU enrolled clearly unqualified students, enrolled “imaginary” students, falsely advertised job placement
       rates, and falsified reports to sustain enrollments. (New York Times, May 15, 2005)

      In January 2002, a graduate of one of DeVry University's Los Angeles-area campuses filed a class-action
       complaint on behalf of all students enrolled in the post-baccalaureate degree program in Information
       Technology. The suit alleges that the program offered by DeVry did not conform to the program as it was
       presented in the advertising and other marketing materials. In March 2003, the complaint was dismissed by
       the court with limited right to amend and re-file. The complaint was subsequently amended and re-filed.
       During the first quarter of the Company's fiscal year 2004, a new complaint was filed by another plaintiff
       with the same general allegations and by the same plaintiff‟s attorneys. Discovery continues but there is no
       determinable date at which this matter may be brought to conclusion. (DeVry, Inc., SEC Form 10-Q, Filed
       May 11, 2005, p. 25)

      In November 2000, three graduates of one of DeVry University's Chicago-area campuses filed a class-
       action complaint that alleges DeVry graduates do not have appropriate skills for employability in the
       computer information systems field. The complaint was subsequently dismissed by the court, but was
       amended and re-filed, this time including a then current student from a second Chicago- area campus.
       Discovery continues but there is no determinable date at which this matter may be brought to conclusion.
       The Company has accrued $0.5 million representing the estimated minimum amount to resolve the two
       class-action claims. (DeVry, Inc., SEC Form 10-Q, Filed May 11, 2005, p. 25)

      Institutions owned by Corinthian Colleges and Career Education Corporation face lawsuits across the
       country from current and former students. Lawsuits present allegations of “systemic deceptive trade
       practices,” including: (1) Falsification of grades to maintain enrollment; (2) Misleading information about
       transferability of credit; (3) Illegal recruiting and compensation practices (Chronicle of Higher Education,
       October 1, 2004; Miami Herald, March 11, 2005; Tacoma News-Tribune, April 12, 2005)

      Shareholders of ITT and Career Education Corporation are attempting to file class action suits against the
       companies for allegedly using misleading financial information to artificially inflate the value of their
       stock. (Chronicle of Higher Education, October 1, 2004)

NACAC Higher Education Act Fraud Alert                                                                      Page 15

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